Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations 68451 

* * * * * 

[FR Doc. 2015–28105 Filed 11–4–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0131; FRL–9936–45– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Louisiana; 

Major Source Permitting State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

revisions to the Louisiana New Source 

Review (NSR) State Implementation 

Plan (SIP) submitted by the Louisiana 

Department of Environmental Quality. 

These revisions are updates to the 

Prevention of Significant Deterioration 

(PSD) and Nonattainment NSR (NNSR) 

permit programs. 

DATES: This rule is effective on 

December 7, 2015. 

ADDRESSES: The Environmental 

Protection Agency (EPA) has established 

a docket for this action under Docket ID 

No. EPA–R06–OAR–2006–0131. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Kordzi, 214–665–7520, 

skordzi@gmail.com. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

The background for this action is 

discussed in detail in our August 19, 

2015, proposal (80 FR 50240). In that 

document, we proposed to approve 

portions of SIP submittals for the State 

of Louisiana. These amendments 

provide clarity to the SIP-approved 

rules and correct contradictory 

language. Specific proposed revisions 

address the assessment and validation 

of a facility’s emissions inventory 

values. Further, the amendments revise 

the SIP rules to conform to the latest 

changes to Louisiana laws including 

making changes to the Louisiana NNSR 

and PSD permitting programs reflecting 

the requirements found in the federal 

NSR Reform Program SIP rules. The 

changes also define, for NNSR purposes, 

the parishes that have been designated 

as non-attainment for ozone. Finally, 

this action addresses eight rule changes 

for baseline actual emissions and 

projected actual emissions definitions. 

This action is being taken under section 

110 of the Act. We did not receive any 

comments regarding our proposal. 

II. Final Action 

We are approving portions of SIP 

submittals for the State of Louisiana 

submitted on July 25, 1997, June 22, 

1998, February 2, 2000, January 27, 

2003, June 15, 2005, December 20, 2005, 

May 5, 2006, July 20, 2007, November 

9, 2007, August 14, 2009, May 16, 2011, 

and February 27, 2013, to address air 

permit procedure revisions, ERC 

banking revisions, Baton Rouge Severe 

Area rule update revisions, NSR reform 

revisions, rescission of the alternative 

emission reduction plan for Union 

Carbide Corporation Taft Plant, 

revisions for Particulate Matter 2.5 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS), and an update of 

PM2.5 increments. We approve the 

portions of the SIP submittals that meet 

CAA requirements. Specifically, we are 

approving the following revisions to the 

Louisiana SIP: 

• Revisions to LAC 33:III.501 as 

submitted on July 25, 1997; 

• Revisions to LAC 33:III.504 as 

submitted on June 15, 2005; December 

20, 2005; May 5, 2006; November 9, 

2007; August 14, 2009; and May 16, 

2011; 

• Revisions to LAC 33:III.509 as 

submitted on July 25, 1997; June 22, 

1998; January 27, 2003; February 2, 

2000; December 20, 2005; May 5, 2006; 

November 9, 2007; May 16, 2011; and 

February 27, 2013; 

• Revisions to LAC 33:III.603 as 

submitted on February 2, 2000; and 

August 14, 2009; 

• Revisions to LAC 33:III.605 as 

submitted on August 14, 2009; 

• Revisions to LAC 33:III.607 as 

submitted on November 9, 2007 and 

August 14, 2009; 

• Revisions to LAC 33:III.613 as 

submitted on January 27, 2003 and May 

5, 2006; 

• Revisions to LAC 33:III.615 as 

submitted on January 27, 2003 and 

August 14, 2009; and 

• The removal of the Union Carbide 

Bubble Permit in Hahnville, Louisiana, 

as submitted on July 20, 2007, at 40 CFR 

52.970(d) to reflect the rescission of the 

permit by LDEQ. 

The EPA is finding that the May 16, 

2011, revisions to the Louisiana NNSR 

program at LAC 33:III.504 address all 

required NNSR elements for the 

implementation of the 1997 and 2006 

PM2.5 NAAQS. We note that the 

Louisiana NNSR program does not 

include regulation of volatile organic 

compounds and ammonia as PM2.5

precursors. However, as section 189(e) 

of the Act requires regulation of PM2.5

precursors that significantly contribute 

to PM2.5 levels ‘‘which exceed the 

standard in the area’’ and Louisiana 

does not have a designated PM2.5

nonattainment area; the revisions 

addressing only sulfur dioxide and 

nitrogen oxides are not inconsistent 

with the requirements of the CAA. In 

the event that an area is designated 

nonattainment for the 2012 PM2.5

NAAQS or any other future PM2.5

NAAQS, Louisiana will have a deadline 

under section 189(a)(2) of the CAA to 

make a submission addressing the 

statutory requirements as to that area, 

including the requirements in section 

189(e) that apply to the regulation of 

PM2.5 precursors. 

This action is being taken under 

section 110 of the Act. 

III. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, we are finalizing the 

incorporation by reference of the 

revisions to the Louisiana regulations as 

described in the Final Action section 

above. We have made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the EPA Region 6 office. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 


jstallworth on DSK7TPTVN1PROD with RULES
68452 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 4, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposed of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds. 

Dated: October 23, 2015. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart T—Louisiana 

■ 2. In § 52.970: 

■ a. In paragraph (c), the table titled 

‘‘EPA-Approved Louisiana Regulations 

in the Louisiana SIP’’ is amended by 

revising the entries for Sections 501, 

504, 509, 603, 605, 607, 613, and 615; 

and 

■ b. Paragraph (d) is amended by 

removing the entry for ‘‘Union Carbide 

Facility in Hahnville, Louisiana’’. 

The revisions read as follows: 

§ 52.970 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP 

State citation Title/subject State approval 

date EPA Approval date Comments 

LAC Title 33. Environmental Quality Part III. Air 

*******

Chapter 5—Permit Procedures 

Section 501 ............................. Scope and Applicability ......... 5/20/1996 11/5/2015 [Insert Federal 

Register citation].

* * * * * * * 

Section 504 ............................. Nonattainment New Source 

Review (NNSR) Procedures.

2/20/2011 11/5/2015 [Insert Federal 

Register citation].

The SIP does not include 

LAC 33:III.504.M. 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations 68453 

EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP—Continued 

State citation Title/subject State approval 

date EPA Approval date Comments 

*******

Section 509 ............................. Prevention of Significant Deterioration.12/20/2012 11/5/2015 [Insert Federal 

Register citation].

SIP does not include provisions for permitting of 

GHGs as effective on 04/

20/2011 at LAC 

33:III.509(B) definition of 

‘‘carbon dioxide equivalent 

emissions’’, ‘‘greenhouse 

gases’’, ‘‘major stationary 

source’’, and ‘‘significant’’. 

SIP does not include the 

PM2.5 SMC at LAC 

33:III.509(I)(5)(a) from the 

12/20/2012 adoption. LAC 

33:III.509(I)(5)(a) is SIP-approved as of 10/20/2007 

adoption. 

Chapter 6—Regulations on Control of Emissions Reduction Credits Banking 

*******

Section 603 ............................. Applicability ............................ 10/20/2007 11/5/2015 [Insert Federal 

Register citation].

Section 605 ............................. Definitions .............................. 10/20/2007 11/5/2015 [Insert Federal 

Register citation].

Section 607 ............................. Determination of Creditable 

Emission Reductions.

10/20/2007 11/5/2015 [Insert Federal 

Register citation].

Section 613 ............................. ERC Balance Sheet ............... 10/20/2007 11/5/2015 [Insert Federal 

Register citation].

Section 615 ............................. Schedule for Submitting Applications.10/20/2007 11/5/2015 [Insert Federal 

Register citation].

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* * * * * 

[FR Doc. 2015–28097 Filed 11–4–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2014–0795; FRL–9936–60– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; North Carolina 

Infrastructure Requirements for the 

2008 8-Hour Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of the November 2, 

2012, State Implementation Plan (SIP) 

submission, provided by the North 

Carolina Department of Environment 

and Natural Resources (NC DENR), 

Division of Air Quality (NCDAQ) for 

inclusion into the North Carolina SIP. 

This final action pertains to the Clean 

Air Act (CAA or the Act) infrastructure 

requirements for the 2008 8-hour ozone 

national ambient air quality standards 

(NAAQS). The CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. NCDAQ certified 

that the North Carolina SIP contains 

provisions that ensure the 2008 8-hour 

ozone NAAQS is implemented, 

enforced, and maintained in North 

Carolina. With the exception of 

provisions pertaining to prevention of 

significant deterioration (PSD) 

permitting, interstate transport 

requirements, and state boards 

requirements, EPA is taking final action 

to approve North Carolina’s 

infrastructure SIP submission provided 

to EPA on November 2, 2012, as 

satisfying the required infrastructure 

elements for the 2008 8-hour ozone 

NAAQS. 

DATES: This rule is effective December 7, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2014–0795. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 


jstallworth on DSK7TPTVN1PROD with RULES